The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7656

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN,
  GOLDEN, GRIFFO, HANNON, LANZA, LITTLE, MARCELLINO, MARCHIONE, MARTINS,
  MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO,  SEWARD,  VALE-
  SKY,  YOUNG  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the correction law and the criminal  procedure  law,  in
  relation  to  eliminating  shock  treatment for class A-II felony drug
  offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 865 of the correction law, as
amended by chapter 377 of the laws  of  2010,  is  amended  to  read  as
follows:
  1. "Eligible inmate" means a person sentenced to an indeterminate term
of  imprisonment  who  will become eligible for release on parole within
three years or sentenced to a determinate term of imprisonment who  will
become  eligible for conditional release within three years, who has not
reached the age of fifty years, who has not previously been convicted of
a violent felony as defined in article seventy of the penal  law,  or  a
felony  in  any  other  jurisdiction which includes all of the essential
elements of any such violent felony,  upon  which  an  indeterminate  or
determinate  term  of  imprisonment  was imposed and who was between the
ages of sixteen and fifty years at the time of commission of  the  crime
upon  which  his  or her present sentence was based. Notwithstanding the
foregoing, no person who is convicted of any  of  the  following  crimes
shall  be  deemed eligible to participate in this program: (a) a violent
felony offense as defined in article seventy of the penal  law,  (b)  an
A-I  felony  offense, (c) any homicide offense as defined in article one
hundred twenty-five of the penal law, (d)  any  felony  sex  offense  as
defined  in  article  one hundred thirty of the penal law [and], (e) any
escape or absconding offense as defined in article two hundred  five  of
the  penal  law,  AND  (F) ANY CLASS A-II FELONY DRUG OFFENSE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THE PENAL  LAW  EXCEPT  WHERE  THE  INMATE
TESTED POSITIVE FOR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S                                                          LBD15371-03-4

S. 7656                             2

SION  FIVE  OF  SECTION  220.00 OF THE PENAL LAW UPON ARRAIGNMENT OF THE
CHARGES PURSUANT TO VOLUNTARY DRUG TEST PROVISIONS OF SUBDIVISION  SEVEN
OF  SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW OR SUBDIVISION SEVEN OF
SECTION 210.15 OF THE CRIMINAL PROCEDURE LAW.
  S 2. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. UPON THE ARRAIGNMENT OF A DEFENDANT CHARGED WITH EITHER A CLASS A-I
OR  CLASS A-II FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
LAW, THE COURT, UNLESS IT INTENDS IMMEDIATELY THEREAFTER TO DISMISS  THE
FELONY  COMPLAINT  AND  TERMINATE THE ACTION, SHALL ADVISE THE DEFENDANT
THAT UPON DEFENDANT'S REQUEST, THE COURT WILL ORDER THE  IMMEDIATE  DRUG
TESTING  OF THE DEFENDANT FOR THE SOLE PURPOSES OF DETERMINING POTENTIAL
FUTURE ELIGIBILITY OF THE DEFENDANT FOR THE SHOCK INCARCERATION  PROGRAM
UNDER  ARTICLE  TWENTY-SIX-A  OF THE CORRECTION LAW. ANY RESULTS OF SAID
TESTING SHALL REMAIN IN THE CUSTODY OF THE COURT AND SHALL ONLY BE  USED
AT  SENTENCE  FOR  THE  PURPOSE  OF  NOTIFYING  THE  STATE DEPARTMENT OF
CORRECTIONS AND  COMMUNITY  SUPERVISION  OF  THE  DEFENDANT'S  POTENTIAL
ELIGIBILITY FOR THE SHOCK INCARCERATION PROGRAM.
  S 3. Section 210.15 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. UPON THE ARRAIGNMENT OF A DEFENDANT CHARGED WITH EITHER A CLASS A-I
OR  CLASS A-II FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
LAW, THE COURT, UNLESS IT INTENDS IMMEDIATELY THEREAFTER TO DISMISS  THE
INDICTMENT  AND  TERMINATE  THE  ACTION, SHALL ADVISE THE DEFENDANT THAT
UPON DEFENDANT'S REQUEST, THE COURT WILL ORDER THE IMMEDIATE DRUG  TEST-
ING  OF  THE  DEFENDANT  FOR  THE SOLE PURPOSES OF DETERMINING POTENTIAL
FUTURE ELIGIBILITY OF THE DEFENDANT FOR THE SHOCK INCARCERATION  PROGRAM
UNDER  ARTICLE  TWENTY-SIX-A  OF THE CORRECTION LAW. ANY RESULTS OF SAID
TESTING SHALL REMAIN IN THE CUSTODY OF THE COURT AND SHALL ONLY BE  USED
AT  SENTENCE  FOR  THE  PURPOSE  OF  NOTIFYING  THE  STATE DEPARTMENT OF
CORRECTIONS AND  COMMUNITY  SUPERVISION  OF  THE  DEFENDANT'S  POTENTIAL
ELIGIBILITY FOR THE SHOCK INCARCERATION PROGRAM.
  S 4. This act shall take effect immediately.